what kind of lawyer do i need to take possession

Should I hire a lawyer for a simple possession case?

Often, simple possession cases are at the bottom of the court’s priority list. If a lawyer intensely handles your case, then he can make more work than the court wants. For example, he can create many document requests and depositions. By giving the prosecutor hours of work, your lawyer can wear her down.

What do you need to know about adverse possession attorneys?

Adverse Possession Attorneys. What is Adverse Possession? You may know adverse possession by the colloquial term, “squatter’s rights.” Basically, if someone has had possession of a piece of real property for a long time without the permission of the legal owner, then he or she may be entitled to ownership of the property under adverse possession.

How can I defend my simple possession charges?

There are many different ways that you can defend possession charges. Here are a few of those ways: 1. Overload the Prosecution Often, simple possession cases are at the bottom of the court’s priority list. If a lawyer intensely handles your case, then he can make more work than the court wants.

Can a lawyer convince a judge to drop drug possession charges?

If you face possession charges, then your lawyer could convince a judge that rehabilitation is the best option. For example, a judge could agree to sentence you to fines and a drug treatment program. After you complete the program and pay the fines, then you could end up with the judge dropping your charges.

What are the requirements for possession?

Only a legal (possessor has legal ground), bona fide (possessor does not know he has no right to possess) and regular possession (not acquired through force or by deceit) can become ownership over passage of time. A possessor enjoys certain judicial protection against third parties even if he is not the owner.

What to do if someone has your belongings and won't give them back?

File a Civil Lawsuit As your case is a civil matter, you need to file a lawsuit in a small claims court demanding the return of your personal property. You must pay the required fees and conform with the requirements before you file your case. This will likely be a tort claim for restitution or a claim for conversion.

What is the most common type of possession case?

The two most common types of possession are: Actual possession, also called possession in fact, is used to describe immediate physical contact. This case from New York, explains that “actual possession is what most of us think of as possession—that is, having physical custody or control of an object.”

What is considered a possession?

The ownership, control, or occupancy of a thing, most frequently land or Personal Property, by a person.

What is it called when someone takes your property?

Larceny Definition: Elements of the Crime The unlawful taking and carrying away; Of someone else's property; Without the consent of the owner; and. With the intent to permanently deprive the owner of the property.

How can I get my ex possession back?

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What are the 2 types of possession?

There are two kinds of "possession"—actual possession and constructive possession. A person who knowingly has direct physical control of a thing at a given time is then in actual possession of it.

What are the two elements of possession?

There are two elements of possession. They are corpus of the possession and animus of the possession.

What does possession is 9/10 of the law mean?

This popular legal phrase is an expression meaning that ownership is easier to maintain if a person has possession of something and difficult to enforce if a person does not. For example, the shoes you're wearing are presumed to be yours, unless someone can prove otherwise.

What are the 3 elements of possession?

The defendant [unlawfully] possessed a controlled substance. The defendant knew of its presence. The defendant knew of the substance's nature or character as a controlled substance.

How many types of possession are there?

Following are the important types of possession: Corporeal possession. Incorporeal Possession. Mediate possession.

Why possession is protected by law?

Possession is protected in order to obviate unlawful acts of violence against the person in possession. Interference with possession leasds to disturbance of peace. Order is best secured by protecting a possessor and leaving the true owner to seek his remedy in a court of law.

Why do you need a probate lawyer?

Most importantly, however, hiring a probate lawyer will help you focus on what really matters, which is mourning your loved one who passed away and being with family and friends.

Why don't I want to hire a probate lawyer?

Don't focus on the price too much. You don't want to hire the cheapest probate lawyer you can find simply because they're the cheapest. Remember, you get what you pay for. Investing more money into a lawyer that has the right experience is well worth the cost.

How many years of experience do probate lawyers have?

Any probate lawyer you work with should have at least several years of experience. If your case is complicated, you should also make sure they have worked in similar circumstances. This way you know they can handle any problems that come up along the way.

Can I get through probate on my own?

The specific process of probate varies depending on the sate. Some states have a simple probate process, so you may be able to get through it on your own . However, in most cases, it's better to hire a probate lawyer. Since they know the probate laws inside and out, a lawyer will be able to guide you through the steps quickly and efficiently.

Can a probate lawyer help with an estate?

For cases like these, you can hire a probate lawyer to help the administrator of the estate (which is kind of like the executor of will) through the process. They may still be able to perform all the same jobs, but they may be limited by ...

What can a lawyer do for possession?

Your lawyer can advise you on what to say and how to act. With his advice, you can avoid saying anything incriminating. Your lawyer can also come up with a defense strategy. There are many different ways that you can defend possession charges. Here are a few of those ways: 1.

What are the different types of possession?

Although the laws vary in every state, there are a few general types of possession. 1. Possession of Drug Paraphernalia. If you own equipment that one can use to take illegal drugs, then a police officer can arrest you. This includes anything that allows you to inhale, inject, or hide illegal drugs.

What happens if a cop finds you have a large quantity of drugs on you?

If a police officer finds that you have a large quantity of drugs on you, then he could charge you with possession with intent to distribute. This type of charge often has very strict penalties.

What happens when you have a large amount of drugs in your possession?

When you have a large amount of drugs in your possession, law enforcement could believe that you are trafficking drugs. This type of charge is even more serious than possession with the intent to distribute. It occurs when the court believes that you sold, transported, or imported illegal controlled substances.

What does it mean when a prosecutor overloads the prosecutor?

Overloading the prosecutor could also mean that she fails to provide materials during discovery. If this occurs, then your lawyer could convince a judge to dismiss the charges. However, there is a risk of overloading the prosecution. The prosecutor could take a strong interest in your case.

What is the best option for a drug case?

Your lawyer needs to decide if this is the best option for your case. 2. Diversion Programs. In some states, there is a push to offer diversion programs to drug offenders. If you face possession charges, then your lawyer could convince a judge that rehabilitation is the best option.

What happens if a lawyer handles your case?

If a lawyer intensely handles your case, then he can make more work than the court wants. For example, he can create many document requests and depositions. By giving the prosecutor hours of work, your lawyer can wear her down. Then, the prosecutor might decide to drop the charges.

What happens if someone has possession of a property without the owner's permission?

Basically, if someone has had possession of a piece of real property for a long time without the permission of the legal owner, then he or she may be entitled to ownership of the property under adverse possession. Adverse possession is a common occurrence in boundary line disputes.

What happens if the rightful owner gives the adverse possessor permission to occupy the property?

Permission: If the rightful owner has given the adverse possessor permission to occupy the property, that will usually spoil the element of “hostility” because, if he has permission, the adverse possessor’s use will not be hostile to the rights of the owner.

What happens when the true owner ousts the adverse possessor?

If the true owner ousts the adverse possessor, that restarts clock, even if the adverse possessor moves right back in the next day. Continuous use: The adverse possessor must have used the property as an owner would have for the entire duration of possession.

What is the difference between exclusive possession and adverse possession?

Exclusive possession: The adverse possessor’s possession of the property is uninterrupted by the true owner.

How long does a property owner have to be in prison to be tolled?

Tolling: If the rightful owner has died, is disabled, is absent from the state, is in the military, or is in prison when the adverse possessor moves onto the property, then the 7 or 10-year possessory period may be “tolled” (i.e. may not begin to run) until the rightful owner is no longer indisposed. For example, if a squatter has been in ...

How long does an adverse possessor have to pay taxes in Washington?

Elements of Adverse Possession. Under Washington State case law and statutes, an adverse possessor can usually only claim a right to the property after 10 years. However, if the adverse possessor has record title, or has continuously paid the property taxes and has color of title (typically in the form of a flawed paper title ...

What is the hostility requirement in Washington?

Rather, the hostility requirement is met when the adverse possessor uses the true owner’s land without permission, in a manner inconsistent with the true owner’s rights. Thus, occupying land under a good faith but mistaken belief that it is yours would still be considered “hostile” under Washington law.

How to be successful in adverse possession?

In order to be successful, you look up whether there are any extra conditions on top of the five basic conditions you need to meet in order to achieve adverse possession. Additionally, you need to look up the law for your area to determine how long the original legal owner has to reject your attempt to own the property.

What are the requirements for adverse possession?

Adverse Possession in the United States 1 Actual Possession: The adverse possessor must physically use the land, not just walk on it, i.e., mowing or harvesting. 2 Hostile Possession: The adverse possessor must have used the land without the permission of the original owner. 3 Open and Notorious Use: The adverse possessor must utilize the property in a way that they can be seen. It is so the original owner can potentially come to the conclusion that someone may start a claim. 4 Continuous Use: The adverse possessor needs to hold the property continuously throughout the period. 5 Exclusive Use: The adverse possessor needs to be the exclusive user. If, during the period the original owner uses the land, adverse possession cannot be claimed.

How many conditions are there to acquire adverse possession?

Adverse Possession in the United States. In order to acquire adverse possession, there are five conditions, at a minimum, that need to be met. However, some states have added additional conditions. Actual Possession: The adverse possessor must physically use the land, not just walk on it, i.e., mowing or harvesting.

What are the rights and conditions of adverse possession?

The rights and conditions for achieving adverse possession vary depending on the country. For example, in the US, there are five main conditions that the adverse possessor must follow to be successful in claiming ownership of someone else’s property. During the process of adverse possession, the original owner can recover possession ...

What happens if you lose your property in adverse possession?

During the process of adverse possession, the original owner can recover possession of their property through legal action. English law states that if the original owner does not exercise their rights and attempt to recover their property within a certain time period, they will lose that right, and the adverse possessor becomes the property’s owner.

What is hostile possession?

Hostile Possession: The adverse possessor must have used the land without the permission of the original owner. Open and Notorious Use: The adverse possessor must utilize the property in a way that they can be seen. It is so the original owner can potentially come to the conclusion that someone may start a claim.

Why is adverse possession important?

The idea of adverse possession is important because it ensures that land is used efficiently.

Do you have to give consent to a lawyer to text you?

You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary.

Can you transfer property without probate?

Most or all of the deceased person's property can be transferred without probate. The best-case scenario is that you don't need to go to probate court, because assets can be transferred without it. This depends on the planning the deceased person did before death—you can't affect it now.

Do you need probate if you have a trust?

But you won't need probate if all estate assets are held in joint ownership, payable-on-death ownership, or a living trust, or if they pass through the terms of a contract (like retirement accounts or life insurance proceeds). The estate qualifies for simple "small estate" procedures.

Can you probate an estate without a lawyer?

When You Can Probate an Estate Without a Lawyer. Here are some circumstances that make you a good candidate for handling the estate without a professional at your side. Not every one of them needs to apply to your situation—but the more that do, the easier time you will have.

Why do real estate agents frown on early possession?

As a general rule, real estate experts frown upon giving buyers early possession, because too many things can go wrong at the last minute. Eviction is neither easy nor inexpensive. For that reason, professionals advise that sellers and buyers execute some type of rental agreement rather than transferring possession before the sale is complete.

What is buyer possession date?

The buyer possession date, in particular, is often a point of confusion. Some of this has to do with when the seller is vacating, but not always. It's frequently one of the biggest headaches in many real estate transactions, often rearing its head midway through the process when needs or circumstances might change.

How do market conditions affect possession dates?

How Market Conditions Can Influence Buyer Possession Dates. Market forces can affect the way the parties handle possession dates as well. For instance: In seller's markets, buyers will often give sellers several days to move. This is to gain an edge in the event the seller receives multiple offers.

How long does it take for a home to be in possession after closing?

A homebuyer’s possession date might not come until the deed has been recorded, which could be weeks after closing. Homebuyers customarily give sellers a day or two after closing to relocate in some parts of the country. Possession typically changes hands upon closing, but market conditions can influence this a bit.

Do buyers refuse to close if the property is vacant?

In buyer's markets, buyers will generally insist upon occupancy at closing and have been known to refuse to close if the property isn't going to be vacant at closing . In neutral markets, possession typically changes hands upon closing.

Do buyers want to pay more than the seller's mortgage?

Buyers want sellers to pay a sum equal to their mortgage payment, plus insurance and taxes. That amount is often a lot more than the seller's original mortgage payment, though, and they may not be willing to pay it.

What to do if you get a writ of possession?

If you receive a writ of possession, there are a few ways to respond. “If the tenant is financially unable to catch up and pay the rent on time, sometimes the best course of action is to negotiate the past-due rent with the landlord and leave voluntarily,” says Lewonski. Sometimes, there may be grounds for appealing the writ of possession.

How long does it take to appeal a writ of possession?

Sometimes, there may be grounds for appealing the writ of possession. The appeal period varies by state. In North Carolina, for example, the appeal period is 10 days , according to Greg Berney, owner of We Buy Houses in North Carolina, and owner of multiple rental properties.

Can a landlord get a writ of possession?

A landlord is able to obtain a writ of possession after winning an eviction case in court against the tenant. In certain situations, a writ of possession can also be issued to homeowners. “It is often associated with an order that is issued after a completed foreclosure at a sheriff’s sale,” says Marc Dann, founding partner at Dann Law Firm, ...

What happens if you are accused of possession of less than an ounce of alcohol in California?

If you're accused of possessing less than an oz in California, you are not entitled to the Public Defender's services. Simple possession is an infraction, just like a traffic ticket. It's a small fine and no mandatory court appearance. Don't waste your money hiring a lawyer. If you're accused of anything more serious than simple possession (e.g. intent to distribute, transportation, etc.), then you should definitely speak with a private attorney to discuss your options before you make any decisions in the case.

What is a public defender?

A public defender is an attorney and most are very experienced and good at what they do despite a somewhat sordid public opinion. Even a first offense marijuana charge can have severe consequences such as a loss of your driving privileges , not to mention fines & costs, probation, and possibly jail. Stick with an attorney just to be on the safe side.

Can I get a public defender if I have a misdemeanor?

You can hire your own attorney, but you can't get one appointed. If this is charged as a misdemeanor because it was in a car, then yes, you can request a public defender if you financially qualify.